HomeMy WebLinkAbout2003-8-6674542
ORDINANCE 2003-8-6674
AN ORDINANCE AMENDING CHAPTER 66 "OFFENSES AND
MISCELLANEOUS PROVISIONS", ARTICLE IV, "OFFENSES
AGAINST MORALS", DIVISION 1 "GENERALLY" OF THE CODE
OF ORDINANCES OF THE CITY OF PADUCAH, AND
DECLARING THE DISPLAY OF OBSCENE MATTER WITHIN
THE CITY OF PADUCAH TO BE A PUBLIC NUISANCE PER SE
WHEREAS, the Board of Commissioners is aware that certain commercial establishments
routinely display obscene written and/or graphic messages on their premises; and
WHEREAS, the Board of Commissioners intends to better the community by prohibiting the
public display of obscene written and/or graphic messages and declaring said obscene written and/or graphic
messages, pictures, photographs, drawings, sculptures, or other visual representations to be public nuisances per
se.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Section 66-91 is hereby amended to read as follows:
Sec. 66-91. Public display of obscene matter for advertising purposes.
(a) For the purpose of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) Advertising purposes. Purposes of propagandizing in connection with the
commercial sale of a product or type of product the commercial offering of
a service, or the commercial exhibition of an entertainment.
(2) Displays publicly. The exposing, placing, posting, exhibiting, or in any
fashion displaying in any location, whether public or private, an item in
such a manner that it may be readily seen by normal unaided vision viewing
it from a public thoroughfare, aisleway, depot, or vehicle.
(3) Nudity. Uncovered, or less than opaquely covered, post -pubertal human
genitals, pubic areas, or the covered human male genitals in a discernibly
turgid state.
(4) Obscene. To the average person, applying contemporary community
standards, the predominant appeal of the matter, taken as a whole, is to
prurient interest, a shameful or morbid interest in nudity, sex or excretion
and the matter depicts or describes, in a patently offensive way, sexual
conduct, and the matter, taken as a whole, lacks serious literary, artistic,
l
4� political or scientific value.
J--
543
JL (6) Sexual conduct. Human masturbation, sexual intercourse, or any touching
(b)
of the genitals, public areas or buttocks of the human male or female, or the
breasts of the female, whether alone or between members of the same or
opposite sex or between humans and animals.
04 The public display PUbliG or Gause to be displayed PWbliGl for
advertising purposes of an obscene written or graphic message or a
picture, photograph, drawing, sculpture or other visual representation
or image of a person or portion of the human body that depicts nudity
or sexual conduct is hereby declared a public nuisance per se.;�
(c) The Nuisance Code Board shall enforce the provisions of this Section Chapter 42 of
the Paducah Code of Ordinances shall govern all applicable procedures including but not limited to the process
for issuing citations, conducting hearings appeals and assessing fines
SECTION 2. This ordinance shall be read on two separate days and will become effective
upon summary publication pursuant to KRS Chapter 4.
WILLIAM PAXTON, M YOR
ATTEST:
City Clerk
Introduced by the Board of Commissioners, July 22, 2003
Adopted by the Board of Commissioners, August 12, 2003
Recorded by City Clerk, August 12, 2003
Published by The Paducah Sun, August 18, 2003
\ord\insp\ch 66-91
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